Philippines

National Policy

The Public Telecommunications Policy Act of the Philippines (Republic Act 7925) governs the development and delivery of public telecommunications in the country

It states in its policy declaration that “telecommunications is essential to the economic development, integrity and security of the Philippines, and as such shall be developed and administered as to safeguard, enrich and strength the economic, cultural, social and political fabric of the Philippines.”

The law recognizes that it is the government's fundamental objective to develop and maintain a viable, efficient, reliable and universal telecommunication infrastructure using the best available and affordable technologies, as a vital tool to nation building and development. Moreover, RA 7925 states in its policy declaration that expansion of the telecommunications network shall give priority to improving and extending basic services to areas not yet served. Moreover, it stipulates that the government shall promote a fair, efficient and responsive market to stimulate the growth and development of the telecommunications facilities and services at affordable rates.

Operator Licensing

To be able to operate telecommunications services, an organization will have to first secure a congressional franchise and a certificate of public convenience and necessity (CPCN) which will prove their financial, technical and legal capability to offer the proposed services. On top of this, carriers (including small local operators) also have a number of other licenses they must acquire for operation, including environmental clearance certificates, height clearances, and the local mayor’s permit. All in all, there are as many as 25 permits needed for each cell site. The sheer number of required permits is very difficult for a small entity to complete.

Technical and Administrative Requirements

Lifted from Telecommunications-Infrastructure-January-2018.pdf

Legislative Franchise

Pursuant to RA 7925, no person/ entity may conduct telecom business without obtaining a franchise. This franchise, as embedded in the Article XII of the Philippine Constitution, may only be granted to citizens of the Philippines or to corporations or associations organized under the Philippine laws and may only be granted by the Congress. However, the participation/ ownership of foreign investors in any public utility enterprise, in this case the telecom industry, is limited to 40% and all executive and managing officers of a certain telecom corporation must be citizens of the Philippines.

Certificate of Public Convenience and Necessity (CPCN)

CPCN, as issued by the NTC, requires carriers to prove that they are technically and financially viable to operate. It contains the description of service, specific rate to be charged for the service and regulations, among others. In granting a CPCN, NTC may impose conditions such as the duration and termination of the privilege, concession, or standard or technical aspects of the equipment, rates, or services. The validity of the CPCN shall not be shorter than 5 years but not longer than the life of the franchise granted. Any expansion/ upgrading/ financing of networks and services aimed at providing additional services to cater to the demand which utilizes equipment compatible to or homologous to previously approved plant and facilities, shall not require any approval by the Commission.

Licensing Fees

Current Spectrum Assignment

Technical and Administrative Requirements

Licensed

Access Networks

Operator	800MHz	900MHz	1800MHz	2100MHz	2600MHz	3500MHz
XYZcom	None	2×10	2×15	2×10	None	None

PtP Networks

License-Exempt

Access Networks

Frequency	Power Limit	Transmit Power
2.4GHz
2400 – 2483.5 MHz	2.4EIRP
5GHz
5150-5250 MHz	5.1EIRP
5250-5350 MHz	5.2EIRP
5470-5725 MHz	5.4EIRP
5725-5800 MHz	5.8EIRP

PtP Networks

Frequency	Power Limit	Transmit Power
2.4GHz
2400 – 2483.5 MHz	2.4EIRP
5GHz
5150-5250 MHz	5.1EIRP
5250-5350 MHz	5.2EIRP
5470-5725 MHz	5.4EIRP
5725-5800 MHz	5.8EIRP

Secondary Use

Access Networks

PtP Networks

Spectrum Fees / Costs

Application

Annual

Auction

Backhaul

Gender

Universal Service

Cooperatives

Resources / References

DICT National Broadband Plan

Coding examples

This could be used to frame specific questions that should be asked

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